Nisha Gupta, J. - (1.) DB Cr. Appeal preferred by the accused appellant and Revision Petition instituted by the complainant arise out of a common judgment passed by the trial court in one Sessions Case, hence both these cases shall be decided together by way of this common judgment.
(2.) D .B. Cr. Appeal under Section 374(2) Cr.P.C., has been filed against the judgment dated 27.6.2006 passed by Special Judge, SC/ST (POA) Cases (Sessions Judge), Jhunjhunu in Sessions Case No. 206/2004 whereby the present appellant has been convicted and sentenced as under: - - "under Section 302 IPC: to undergo life imprisonment and to pay a fine of Rs. 1,000/ -. In default of payment of fine to further undergo six months simple imprisonment. under Section 460 IPC: to undergo three years R.I. and to pay a fine of Rs. 1000/ -. In default of payment of fine to further undergo six months simple imprisonment. under Section 201 IPC: to undergo one year R.I. and to pay a fine of Rs. 500/ -. In default of payment of fine to further undergo three months simple imprisonment. (All the sentences were ordered to run concurrently)." The brief facts of the case are that PW/4 Dayanand lodged a written report (Ex. P/7) at Police Station Sadar, Jhunjhunu with the contention that his cousin brother Kesardev was employed at Kopar. He was married at Bhabhundakala. Name of his wife is Shanti and he was having two sons and he was residing at Kopar along with his family. He had 16 bigha land in the village with well and electricity connection and house was also constructed on the well. Earlier the well was given for cultivation to Ram Singh, appellant but one and half month ago, it was given to Bhola Ram as there was quarrel between Ram Singh and Keshar Dev on the issue of division of crop. Bhola Ram informed Jagdish, Raghunath Singh and Mukesh that house of Kesar Dev was lying open, drag marks were there and blood stained shirt was also lying there. On which Dayanand, the informant went on the spot and suspicion was expressed that Ram Singh etc. had murdered Kesardev and put his dead body in the well. On this written report, FIR No. 198/2004 was registered, dead body of the deceased was found in the adjoining well. After usual investigation charge -sheet was filed against three accused persons. The case was committed and tried by Special Judge, SC/ST (POA) Cases (Sessions Judge), Jhunjhunu.
(3.) THE charges were framed against all the three accused for the offence under Sections 302, 460, 382, 201 read with 34 IPC and Section 3(2)(v) SC/ST (Prevention of Atrocities) Act which were denied by the accused persons and they claimed to be tried. The prosecution examined PW/1 Kurdaram, PW/2 Hukmaram, PW/3 Amarsingh, PW/4 Dayanand, PW/5 Raghunath, PW/6 Jagdish, PW/7 Brijlal, PW/8 Banwarilal, PW/9 Amilal, PW/10 Vijaysingh, PW/11 Mukesh, PW/12 Bholaram, PW/13 Smt. Prem, PW/14 Nemichand, PW/15 Shanti, PW/16 Mahasingh, PW/17 Birjaram, PW/18 Gulab, PW/19 Dr. Pratap Singh, PW/20 Pankaj Kumar, PW/21 Satyaveer, PW/22 Nanusingh, PW/23 Moolaram, PW/24 Dharamveer, PW/25 Ramnivas, PW/26 Dinesh Kumar, PW/27 Pawankumar, PW/28 Mahipal, PW/29 Mohansingh and PW/30 Pratapsingh to support its case. Prosecution has also relied upon documents Ex. P/1 to P/32 and Ex. P/56 to P/62.;